X hits on this document

PDF document

Attorneys for Microsoft Corporation - page 27 / 74

181 views

0 shares

0 downloads

0 comments

27 / 74

but one piece of prior art and the sufficiency of the evidence supporting the jury’s

damage

award.

Although

statutorily

authorized

to

triple

the

jury’s

damages

award

because of Microsoft’s willful infringement, the district court awarded only $40 million in

additional

damages.

It

also

granted

i4i’s

motion

for

a

permanent

injunction.

This

injunction, which this court stayed pending the outcome of this appeal, is narrow. i4i

Ltd. v. Microsoft Corp., No. 2009-1504 (Fed. Cir. Sept. 3, 2009). It does not affect

copies of Word sold or licensed before the injunction goes into effect. Thus, users who

bought or licensed Word before the injunction becomes effective will still be able to use

the infringing custom XML editor, and receive technical support from Microsoft. After its

effective date, the injunction prohibits Microsoft from selling, offering to sell, importing,

or

using

copies

of

Word

with

the

infringing

custom

XML

editor.

Microsoft

is

also

prohibited from instructing or assisting new customers in the custom XML editor’s use.

On appeal, Microsoft challenges the jury verdict and injunction on multiple

grounds. Because this case went to trial and we are in large part reviewing what the

jury

found,

our

review

is

limited

and

deferential.

We

affirm

the

issuance

of

the

permanent injunction, though we modify its effective date to accord with the evidence.

In all other respects, we affirm for the reasons set forth below.

BACKGROUND

i4i

began

as

a

software

consulting

company

in

the

late

1980s.

Basically,

companies would hire i4i to develop and maintain customized software for them. Thus,

while consumers might not find i4i’s products on the shelves at Best Buy or CompUSA,

i4i was in the business of actively creating, marketing, and selling software. In June

1994, i4i applied for a patent concerning a method for processing and storing

2009-1504

2

Document info
Document views181
Page views181
Page last viewedMon Dec 05 21:04:49 UTC 2016
Pages74
Paragraphs2162
Words19614

Comments